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1. [2024] NZEmpC 165 Berryman v Fonterra Coopertive Group Ltd - Interlocutory [pdf, 206 KB]

   ...[2017] NZCA 434, [2017] ERNZ 733 at [34]. reasons why he could not meet the orders of the Authority pending the outcome of his challenge. [8] The stay application filed by Mr Berryman’s representative, Ms Lambert, provides additional information about Mr Berryman’s financial circumstances. It refers to him having obtained new employment on less favourable terms. It also refers to Mr Berryman “paying off a large (for them) legal bill” from the Authority proceeding...

2. [2024] NZEmpC 99 Putaanga v MOVe Freight Ltd [pdf, 243 KB]

   ...he elected to go to the office. 5 There was a concern by Mr Putaanga that the delay was more like 20 minutes, but contemporaneous documents record it as being one minute. Mr Putaanga’s concern has been exacerbated by the fact that despite requests, he has never been provided with a copy of the CCTV footage of the accident that the company relies on. It appears this is no longer available, which is unfortunate. [17] During that meeting, Mr Putaanga gave his recollection...

3. Ferguson v Accident Compensation Corporation (Work-related gradual process injury) [2024] NZACC 167 (22 October 2024) [pdf, 295 KB]

   ...October 2024 Held at: Nelson District Court Appearances: A Brooke for the Appellant J Maslin-Caradus and T Babe for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 October 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual process injury - s 30, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 August 2021. The Reviewer dismissed an application for rev...

4. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   ...personal information; and (b) to have access to that information. (2) Where, in accordance with subclause (1)(b), an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information. (3) The application of this principle is subject to the provisions of Parts 4 and 5. [5] By email dated 28 May 2009 Mr Te Wini sent to Mr Askelund an attachment in the form of a letter dated 5 Ma...

5. DH v KQ [2021] NZDT 1654 (9 November 2021) [pdf, 203 KB]

   ...TradeMe advertisement he “copied /pasted” the specifications from a website, and also stated that he was the second owner and was “selling as is, no manuals, nor any packaging”. He argued that this should have given prospective purchasers some form of awareness, so they should research further and check the serial number with the manufacturer. However, I find that these other statements did not communicate clearly that KQ was not sure that what he was selling matched the specificat...

6. NT v HO [2023] NZDT 303 (9 August 2023) [pdf, 109 KB]

   ...of any further deductions he considered were justified from NT’s bond, and has not done so. 17. On this basis I find that HO is liable to pay NT $455.71. Referee: L Trevelyan Date: 9 August 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

7. DI v EL & N Ltd [2024] NZDT 81 (23 January 2024) [pdf, 134 KB]

   ...on the continuing road. CI0301_CIV_DCDT_Order Page 2 of 3 7. The collision occurred at the intersection of [Street 1] and [Street 2] in [Suburb 1] on a weekday morning at around 8-8.30am, during the normal “rush hour”. [Street 2] forms a T intersection with [Street 1]. [Street 2] is a terminating road and [Street 1] is the continuing road. 8. EL was on [Street 2] intending to turn right across [Street 1] to drive North towards [Suburb 2]. DI was driving down [Street...

8. OT v UB [2024] NZDT 817 (11 November 2024) [pdf, 218 KB]

   ...issues (photos exhibited), and it had last had a Certificate of Fitness check on 22 March 2024 which it passed and which the respondent had completed in preparation for a sale. 8. However, on the occasion of that check, VTNZ noted details on a form listing issues with the van that may be needed to be looked at on its next COF check (September 2024) and the list included reference to certain mechanical issues and “all rust”. CI0301_CIV_DCDT_Order Page 2 of 4 9. Toget...

9. Waitangi Tribunal - District 11 Wairarapa [pdf, 2.3 MB]

   ...coast at the mouth of the Waimata River, just south of Te Poroporo (Cape Tumagain), extending to the Manawatu River at its southern reach before entering the gorge. This is an area of about two million acres.! It is unlikely that the described region formed a distinct unit in Maori times. The mountains in the east and coast in the south are clear-cut, but the exact northern line was merely the result of colonial administration boundary drawing. There was also considerable movement through...

10. [2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd [pdf, 208 KB]

    ...obtained instructions, on 23 November 2015 Mr Wicks confirmed that all members who were seasonally laid off at the end of the previous season and who had to yet to be re-employed, would be re-engaged on the terms of the based-on iea. The Union was requested to confirm the names of the members who wished to be re-employed. At this stage, no reference had been made to the possibility of members at Wairoa being re-employed only on a night shift. A response was sought by 27 November...